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ELECTION COMMISSION OF INDIA THROUGH SECRETARY vs. ASHOK KUMAR AND ORS.

SCR Citation: [2000] Supp. (3) S.C.R. 34
Year/Volume: 2000/ Supp. (3)
Date of Judgment: 30 August 2000
Petitioner: ELECTION COMMISSION OF INDIA THROUGH SECRETARY
Disposal Nature: Appeals Allowed
Neutral Citation: 2000 INSC 423
Judgment Delivered by: Hon'ble Mr. Justice R.C. Lahoti
Respondent: ASHOK KUMAR AND ORS.
Case Type: CIVIL APPEAL /6843/1999
Order/Judgment: Judgment
1. Headnote

Election Laws:

Conduct of Elections Rules : Rule 59A-Apprehension of intimidation and victimization of electors-Notification issued by Election Commission under Rule 59A of the Conduct of Election Rules, 1961-For mixing of ballot papers before counting instead of being counted polling station-wise-Interference by High Court on bald assertion of mala fide-Unwarranted.

Constitution of India: Articles 226 & 329(b)-After commencement of election process powers of judicial review of orders of Election Commission to be exercised only on strong and substantiated allegations of mala fide, illegality or arbitrariness.

Assistance of Court available to presence evidence of irregularities and to correct aberrations during elections without thwarting or postponing the progress of election proceeding.

Representation of the Peoples Act, 1951: Sections 81 & 100-Breach of law having material effect on result of election-Postponement of  adjudication of disputes till completion of election proceedings-In larger public interest and conducive to democratic process.  

Words and Phrases : 'Election'-Meaning of-In the context of Article 329 of the Constitution of India.  

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Conduct of elections Rules
5. Equivalent citation
    Citation(s) 2000 AIR 2977 = 2000 (8) SCC 216 = 2000 (8) Suppl. SCC 216 = 2000 (9) JT 529 = 2000 (9) Suppl. JT 529 = 2000 (6) SCALE 182